Editor's Note :

We are expecting one or more decisions in argued cases tomorrow at 10 a.m. We will be live-blogging the opinion(s) as they are released. However, there is no live blog of tomorrow’s oral argument in King v. Burwell. We will have coverage of that argument as soon as possible after it is finished; the transcript should be available tomorrow afternoon, and the audio will be available on Friday. Wednesday's live blog will be available here.

Folino v. Johnson

Issue: (1) Whether the United States Court of Appeals
for the Third Circuit and other courts of
appeals which have interpreted the
materiality standard of Brady v. Maryland to include evidence
inadmissible at trial if such material could
have led to the discovery of admissible
evidence have expanded the scope of Brady
in a manner contrary to Wood v. Bartholomew, and, in so
doing, have substituted mere admissibility
for the requirement that to be "material"
undisclosed evidence must present a
"reasonable probability" that the result of
the trial would have been different had the
evidence been disclosed, and in a manner
which, in the instant case, would have
required the prosecution to search the entire
universe of police reports to find those
reports which referenced, but did not charge,
a prosecution witness; (2) whether the United States Court of Appeals
for the Third Circuit, by directing the
district court to evaluate Johnson's claim
"in light of the Third Circuit opinion," has
required the district court to accept
characterizations of the allegedly suppressed
evidence which in some instances are
contrary to this Court's teachings, such as
the weight to be given affidavits solicited by
habeas counsel long after the verdict was
obtained, and which, in other instances, are
factually inaccurate.

Merits Case Pages and Archives

On Monday the Court issued orders from its February 27 Conference. Two new cases were granted. On Tuesday the Court announced its decision in Direct Marketing v. Brohl. This is the second week of the February sitting.

“I think always the humor was a means to an end. And the end is, to help folks who don’t live in this world understand why it matters.” Dahlia Lithwick covers the Supreme Court and writes about law more broadly for Slate.com. In this six-part interview, Ms. Lithwick discusses law school, practicing law, and how […]